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Just found out the property I mam buying is sold with limited title guarantee

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  • BlondBoy
    BlondBoy Posts: 186 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 30 July 2022 at 3:50PM
    OK, when I said above 'the solicitor checks again', what they will do is something called an "Official search with priority' at the Land Registry, as user1977 says.

    This does 2 things:

    - if a charge is in the process of being registered but not yet completed, it will tell your solicitor who is trying to register a charge. 

    - if there are no charges in the process of being registered, the 'official search with priority' effectively 'locks' the register from anyone else trying to register anything against the title. (that's the 'with priority' part). This lasts 30 days, and your solicitor will keep renewing it until the new register showing you as the owner is issued. 

    I understand it's stressful, but the system is designed to protect against exactly what you're concerned about.

    Good that you've run it by your solicitor for the earlier part and feel better about it. Sure they'd be happy to talk through official searches with priority too to put your mind at rest. You're paying your solicitor to protect your interests, and sounds like they're doing a good job so far with the indemnities etc.

    Best of luck with it!
  • SusieT
    SusieT Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It is probably less likely that a loan would be taken out on a probate property than one sold by "me"
    Lets assume I am selling my house that has a mortgage, and I am desparate for money to go on a world cruise, I could take out a secured loan on my house part way into the selling process.A probate house is less likely to have a loan taken out against it. Personally I would rather buy a probate property, but that is personal preference.
    If you are really worried you can register a property alert with the land registry, but at exchange your solicitor will deal with everything, and as has been said above they will check again at completion time. I think the limited title guarantee sounds worrying when you first see it, but in reality it is not a problem
    Credit card debt - NIL
    Home improvement secured loans 30,130/41,000 and 23,156/28,000 End 2027 and 2029
    Mortgage 64,513/100,000 End Nov 2035
    2022 all rolling into new mortgage + extra to finish house. 125,000 End 2036
  • Flugelhorn
    Flugelhorn Posts: 7,349 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I sold a property with LTG as an executor - asked the solicitor about this and was assured that that was what always happened for probate properties - she knew that there were no charges etc as the land registry had been checked etc
  • GDB2222
    GDB2222 Posts: 26,278 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    There are some real issues with probate properties. For example, executors will often refuse to answer all the standard questions raised. But, there are advantages. For example, the executors are normally fairly committed to sell, and there’s no onward chain.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • zagubov
    zagubov Posts: 17,938 Forumite
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    I'm surprised so many people find probate sales to be odd or unfamiliar, considering on average you'll expect to buy more houses than you sell.
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
  • Flugelhorn
    Flugelhorn Posts: 7,349 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    zagubov said:
    I'm surprised so many people find probate sales to be odd or unfamiliar, considering on average you'll expect to buy more houses than you sell.
    absolutely - we have never been put off by probate sales. Can be difficult selling though - you want to be helpful / answer all the questions / admit that you suspect mother got some chap to do the windows for cash and no FENSA cert  etc etc  but you can only answer what you genuinely know and often won't know everything about the property 
  • Slinky
    Slinky Posts: 11,044 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As a follow on to this query, we bought a probate property with LTG. If we sold our house now, would it still be a LTG sale?
    Make £2025 in 2025
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    Total £915.94/£2025 45.2%

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    Total £1410/£2024  70%

    Make £2023 in 2023  Total: £2606.33/£2023  128.8%



  • Tiglet2
    Tiglet2 Posts: 2,673 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Slinky said:
    As a follow on to this query, we bought a probate property with LTG. If we sold our house now, would it still be a LTG sale?
    No.  The property will be full title guarantee because you're the current owner, not an executor, and will be able to answer the enquiries.
  • Slinky
    Slinky Posts: 11,044 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Tiglet2 said:
    Slinky said:
    As a follow on to this query, we bought a probate property with LTG. If we sold our house now, would it still be a LTG sale?
    No.  The property will be full title guarantee because you're the current owner, not an executor, and will be able to answer the enquiries.

    Assuming I'm not pushing up the daisies of course.........

    Our vendors could have answered a lot more of the questions given they had both lived in the house their parents owned for 40 years. But one was a solicitor...........
    Make £2025 in 2025
    Prolific £229.82, Octopoints £4.27, Topcashback £290.85, Tesco Clubcard challenges £60, Misc Sales £321, Airtime £10.
    Total £915.94/£2025 45.2%

    Make £2024 in 2024
    Prolific £907.37, Chase Intt £59.97, Chase roundup int £3.55, Chase CB £122.88, Roadkill £1.30, Octopus referral reward £50, Octopoints £70.46, Topcashback £112.03, Shopmium referral £3, Iceland bonus £4, Ipsos survey £20, Misc Sales £55.44
    Total £1410/£2024  70%

    Make £2023 in 2023  Total: £2606.33/£2023  128.8%



  • GDB2222
    GDB2222 Posts: 26,278 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Tiglet2 said:
    Slinky said:
    As a follow on to this query, we bought a probate property with LTG. If we sold our house now, would it still be a LTG sale?
    No.  The property will be full title guarantee because you're the current owner, not an executor, and will be able to answer the enquiries.
    I'm curious, now. Why does anybody *HAVE* to sell with full title guarantee?


    No reliance should be placed on the above! Absolutely none, do you hear?
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